Author Archives: Sean Smallwood
Use of The Psychological Evaluation In Divorce
TL;DR Psychological evaluations in divorce are often used in custody disputes to assess a parent’s mental health. Attorneys must request a court order for the evaluation, which outlines costs, evaluator choice, and timelines. Lawyers may try to agree on terms before seeking a judge’s decision. False or exaggerated claims can backfire if evaluations favor… Read More »
Do I Have To Pay Alimony If My Spouse Commits Adultery?
TL;DR In Florida, adultery is a factor courts can consider in alimony decisions, but judges rarely give it much weight. Alimony is based more on financial need, ability to pay, marriage length, lifestyle, and other statutory factors. Cheating typically does not affect whether alimony is awarded. Longer marriages, especially over 16 years, carry a… Read More »
What Can I Do If My Ex Is Not Paying/Refuses To Pay Child Support?
TL;DR If your ex refuses to pay child support, you have legal options like wage garnishment, property seizure, and license suspension. Courts can use enforcement actions under the Child Support Enforcement Act of 1984 and may impose jail time as a last resort. Parents can request a modification of child support if their financial… Read More »
Facing Divorce With An Autistic Child or Child With Autism Spectrum Disorder (ASD) in Florida
If You Are Facing a Divorce Involving a Child With Autism, There Are Several Traps to Watch Out For One very common fact scenario that divorce attorneys near Orlando Florida are faced with these days is the situation where a divorce involves contested child custody issues over children with autism. When there are special… Read More »
Do You Have to Keep Paying Child Support if Your Child Moves Out of the Other Parent’s House?
TL;DR In Florida, child support obligations can change if your child moves out of the other parent’s home or becomes emancipated (turns 18 or lives independently by agreement). Other valid reasons for modification include major income changes, decreased childcare costs, or changes in the custodial parent’s income. Parents must file a Supplemental Petition for… Read More »
Can I Set Aside a Divorce Settlement Agreement?
TL;DR Courts are reluctant to set aside divorce settlement agreements unless there are serious issues like fraud, misrepresentation, coercion, or major changes in circumstances. Agreements can sometimes be vacated before final judgment if they no longer serve a child’s best interest or financial situations shift significantly. After final judgment, setting aside an agreement is… Read More »
Will money I make from Uber driving affect child support
TL;DR Income from gig work like Uber driving is considered when calculating child support in Florida. All earnings, including part-time and self-employment income, must be reported accurately to avoid legal issues. Failing to disclose extra income can lead to penalties or support adjustments later. Accurate reporting ensures fair child support arrangements for both parents…. Read More »
Why Won’t She Allow Me To Be There For The Birth Of Our Child?
TL;DR Unmarried fathers do not automatically have legal rights at birth and must petition the court for paternity. Labor and delivery are intensely private, emotional, and vulnerable experiences, so mothers often have the final say on who is present. Forcing a mother to allow an ex in the delivery room would violate her privacy… Read More »
The Evolution of Alimony
TL;DR Historically, alimony was almost always awarded to women for life, reflecting limited job opportunities and gender roles. Since the 1970s, spousal support has become gender-neutral and typically temporary, aimed at helping a spouse become self-sufficient. Lifetime alimony is now rare, reserved for cases like disability or long-term dependency. Courts consider marriage length, finances,… Read More »
Divorce Issues Caused By Mother in Law
TL;DR Mother-in-law interference is a common cause of marital strain and even divorce. Unrealistic expectations and lack of emotional boundaries can fuel tension. Couples should address issues as a united team and communicate openly. Therapy and setting clear boundaries with extended family can prevent divorce. If separation becomes necessary, consulting a divorce attorney is… Read More »
What Does Child Support Credit Mean and What are the Different Types Of Credit For Child Support
TL;DR Child support credit can reduce payment obligations if you’ve paid support before a court order or meet other qualifying factors. Tax credits, such as the child tax credit, affect income calculations and final support amounts. Health insurance payments for yourself or your child can count toward credits, lowering support obligations. Payments for older… Read More »
How Much Does A Divorce Cost in Florida?
TL;DR Divorce costs in Florida vary widely, with most retainers ranging between $2,500 and $5,500 through mediation; trial prep often requires additional fees. Billing structures include flat-fee retainers, non-refundable retainers, and refundable trust deposits, each with pros and cons. Attorney skill and strategy matter more than price; cooperation between parties greatly reduces costs. High… Read More »
A Closer Look at the Misuse of Emergency Motions in Family Court in Florida
Why Many Emergency Motions Are Doomed to Fail When filing an emergency motion in Florida, many attorneys and clients fall into a trap: treating a non-urgent issue as an emergency. But judges have strict standards for what qualifies as an emergency, and most routine custody disputes do not meet these criteria. What Counts as… Read More »
Facing Divorce With A Child With ADHD in Florida
Understanding Custody Disputes Involving a Child with ADHD Divorcing when a child has autism, ADHD, or other special needs requires special considerations. Whether it’s making accommodations in the parenting plan, managing different educational needs, or understanding the child’s emotional needs during such a stressful time, divorce attorneys must be well-versed in handling these complex… Read More »
Dealing with High Conflict Family Law Cases: The Dangers of False Allegations
How False Allegations Can Harm Custody and Time-Sharing False allegations of abuse in family law cases can have severe consequences, not only damaging the accused parent’s reputation but also disrupting a child’s relationship with both parents. The Case of False Abuse Allegations In one case, a mother repeatedly filed emergency motions accusing her ex-husband… Read More »
Child Custody With Absent Parent Florida
What Happens When One Parent Walks Away? In Florida, child custody cases can become complex when one parent disappears from the child’s life. If a parent voluntarily walks away, the remaining parent—often the father if the mother leaves—may seek full custody to ensure the child’s stability and safety. These situations fall under the broader… Read More »
Understanding Different Types of Restraining Orders in Florida
Types of Restraining Orders in Florida: Domestic Violence Injunctions The most common restraining order is the injunction for protection against domestic violence. This applies when one party alleges physical harm or threats of imminent harm, such as being slapped, threatened, or otherwise abused. These injunctions typically last about 12 months and are often filed… Read More »
Navigating Domestic Violence Allegations in Divorce Cases
The Reality of Domestic Violence Claims in Family Court Domestic violence allegations in divorce cases almost always lead to high-conflict situations. Once an allegation is made, especially when a petition for protection is filed, the story becomes locked in. Whether the claims are true, exaggerated, or false, the accuser usually feels compelled to stick… Read More »
Parental Rights for Unmarried Parents in Florida
No Common Law Marriage in Florida Florida does not recognize common law marriage. For unmarried parents, the mother is the legal custodial parent at birth until the father establishes paternity through the court system. Establishing Parental Rights for Unmarried Parents in Florida Fathers must file petitions to establish parental rights and custody. This process… Read More »
Why Hiring a Lawyer is Essential for Obtaining an Annulment in Florida
On this page: What Is Marriage Annulment in Florida? | Divorce Vs. Annulment in Florida | Is an Annulment Lawyer the Same as a Divorce Lawyer? | Florida Annulment Requirements | An Annulment Case in FL From the Local News Headlines | The Bottom Line on Marriage Annulment in Florida | Contact Sean Smallwood… Read More »
Top 8 Best Divorce Lawyers in Orlando, FL in 2024
Over the years, we’ve been asked, “Who are the best divorce lawyers in Florida?” While our firm consistently ranks among the top in Orlando, we understand that no one lawyer is the perfect fit for every situation. Orlando has a diverse legal landscape, that boasts many highly skilled attorneys capable of handling complex divorce… Read More »
How to File an Emergency Custody Order in Florida
TL;DR Emergency custody in Florida is only granted in cases of immediate danger, abuse, abandonment, or risk of a child being taken out of state. Courts offer two types of motions: rare ex-parte motions (without notifying the other parent) and regular emergency motions with notice. Judges make quick decisions based on well-prepared motions, often… Read More »
Fighting Over the House in Divorce: What You Need To Know
But I Can Afford The Mortgage Payments After The Divorce Is Over! As a divorce attorney, I see it all the time – couples who fight over the house in the divorce proceedings in Orlando, FL. However, what many fail to realize is that, in most cases, they either can’t afford to keep… Read More »
What To Do If Your Spouse Empties The Bank Account In A Florida Divorce
One of the most common early issues that come up in Orlando divorce cases occurs when one of the parties removes money from a joint bank account without any warning to the other party. There are two common ways this happens, one is generally permitted by the courts while the other can get a… Read More »
Four Ways to Make Dealing with an Impossible Ex-Spouse More Bearable
Your children are the best thing that ever happened to you, but the amount of unhappiness your ex-spouse causes you is nearly equal to the happiness your children bring. This year, you made a New Year’s resolution not to let your ex get under your skin anymore, but you made the same resolution last… Read More »
How Do Stimulus Checks Get Divided In Divorce?
In light of the COVID 19 pandemic one issue that comes up in nearly every divorce case is that of the federal government stimulus checks and how they are to be addressed in the divorce. This leaves many people asking How Do Stimulus Checks Get Divided In Divorce?” Figuring out how to properly handle… Read More »
Can I Still Get Divorced In Orlando if My Spouse Will Not Sign The Papers?
One issue that divorce lawyers in Orlando Florida, deal with occasionally is the situation where one party wants to get a divorce, but the other party does not want the marriage to end. This can be a very sensitive situation and divorce attorneys in Florida need to be delicate in how they approach the… Read More »
How Long Do Divorces Take in Orlando Florida?
One common question that we receive on an almost daily basis at our Orlando divorce law firm is how long the divorce process is expected to take for our clients. The truth is that there is no simple answer to this question. This is because the length of time a divorce will take in… Read More »
What If I Cannot Afford a Collaborative Divorce in Orlando Florida?
One of the newer types of divorce alternatives that are available to divorcing couples is the collaborative divorce process. A collaborative divorce is one where the parties to the case agree that they will reach a settlement without going to court. The collaborative agreement goes so far as to declare that in the event… Read More »
If You Want An Uncontested Divorce, Then Ask The Right Questions
Divorce is a very difficult life event to deal with. This is made significantly more traumatic when the parties to the case cannot agree on major legal issues in the case. For this reason, it is important to use your most diligent efforts to obtain an uncontested divorce whenever possible. An uncontested divorce occurs… Read More »